What do I need to do to keep my soon to be ex-wife from taking my kids out of state?

Get Legal Help Today

 Secured with SHA-256 Encryption

What do I need to do to keep my soon to be ex-wife from taking my kids out of state?

Asked on December 3, 2012 under Family Law, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless a custody agreement addresses this issue directly, the parent seeking to move out-of-state with a minor child must request the court's permission. A move without it could mean that the relocating parent is in contempt of a court and they could be charged with parental kidnapping. Further, the burden is on the party seeking to move and the court will look at the "best interests" of the child in making its determination.

Each petition will be reviewed on a case-by-case basis. In considering whether removal is approprite, the court will take the following into account:

  • The motivations of the parent for relocating (moving for a better job or medical reasons is more favorably viewed);.
  • The motivation of the parent opposing the move;
  • The advantages of relocation to improve the life of the minor child;
  • Disadvantages, if any, of relocation on the minor child;
  • The likelihood that a reasonable visitation schedule can be arranged;
  • A chance for the child to bond with extended family members; and the like.

Remember so long as there is a court order in place it must be followed unless, and until, it is modified. At this point, you should consult with a divorce or family law attorney in your area.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption